© D.L. Crumbley
Ghostwriting Reports (Cont.)
The court found “significant evidence of teamwork and collaboration between ATE (a government litigation consultant) and the U.S.’s testifying expert”. There was “extensive substantive assistance in drafting the expert’s report.”
Source:Trigon Insurance Co., 88 AFTR 2d 2001-6883 (DC Va.2001)
A report was “substantially derived” from a prior case, which was “substantially similar” to a different expert’s report in another dispute. Since there was “substantially similarity among the three expert witness reports derived from the authorship of this common language by plaintiff’s counsel, the court struck an expert’s report because it had “not been prepared by the expert” in violation of FRCP 26 (a) (2).
Source: In re Jackson Natl. Life Ins. Co. Premium Litigation, 1999 WL 33510008 (DC Mich, 1999)